The Recognition and Enforcement of Foreign Arbitral Awards: The Implementation and Application of the New York Convention by Israeli Courts

תקציר

Israel has implemented most of the provisions of the New York Convention in its domestic legislation, however some amendments of the Israeli Arbitration Law are still needed to make it more compatible with the Convention. While the Israeli courts attempt to faithfully adhere to the letter and spirit of the Convention, its application is still imperfect at both stages of enforcement of arbitration agreements and of enforcing or recognizing arbitral awards. The paper addresses the following subject-matters: the implementation of the Convention (part 1); the enforcement of agreements to arbitrate (part 2); grounds for refusal of recognition and enforcement of foreign arbitral awards (part 3); procedural issues (part 4); assessment (part 5).